The Manchester High Court has ordered EasyAir’s £13 million damages against Carphone Warehouse’s fixed line division Opal Telecom be suspended after EasyAir failed to put up securities for the case.
The Judge ordered Easyair’s case be stayed until security was provided and that Easyair pay further costs of £6,600 in the meantime.
The Judge had ordered Easyair to provide Opal with security to the value of £70,000 by August 5. EasyAir failed to meet the deadline and went back to Court on this week to request more time.
5Both the Judge and Easyair’s lawyers agreed they were unable to satisfy the Court that suitable security was in place and both agreed the application for more time "was doomed to fail".
Opal will continue with its strike out application against the claim. It said it will also consider making a separate strike out claim if Easyair does not raise the securities in the coming weeks and the postponement to the case is not lifted.
EasyAir, trading as OpenAir, offered services to GSM Gateway operators via a service contract with O2. It sold its customer base to Opal Telecom in 2004, but claims Opal Telecom breached contract after O2 terminated its GSM Gateway service agreement.
OpenAir managing director Anthony Lloyd-Weston was unavailable for comment.